THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.451 Violation of MCL 750.448, 750.449, 750.449a, 750.450, or 750.462; prior convictions; penalty; definition.
(1) Except as otherwise provided in this section, a person convicted of violating section 448, 449, 449a, 450, or 462 is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(2) A person 16 years of age or older who is convicted of violating section 448, 449, 449a, 450, or 462 and who has 1 prior conviction is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(3) A person convicted of violating section 448, 449, 449a, 450, or 462 and who has 2 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or both.
(4) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(5) As used in this section, “prior conviction” means a violation of section 448, 449, 449a, 450, or 462 or a violation of a law of another state or of a political subdivision of this state or another state substantially corresponding to section 448, 449, 449a, 450, or 462.
History: 1931, Act 328, Eff. Sept. 18, 1931
CL 1948, 750.451
Am. 1969, Act 243, Eff. Mar. 20, 1970
Am. 2002, Act 43, Imd. Eff. Mar. 14, 2002
Am. 2002, Act 44, Eff. June 1, 2002
Former Law: See section 4 of Act 231 of 1925, being CL 1929, § 16874.
© 2009 Legislative Council, State of Michigan